white males are a member of a class just as any other race and gender and any other religion. it's not that you have to be a historically disadvantaged member of the class but you are treated differently because of your membership in a particular class. >> isn't harassment harassment. you don't have to be a protected class member to be harassed? >> no, not at all. that has to be based on, for example, in this case, based on gender. you were subjected to a hostile environment, a pervasive environment. remember, the courts will not find hostile environment where it's just a random conversation or if it's just flirtation. they identify the difference between a one-time comment and a pervasive environment. they will say, as in this case, because someone has used the "p" word, is that what we'll call it? >> yes. >> it is a gender specific epithet. >> it is. >> i would feel like that's a gender-based epithet. that tends to lean the other way. each of these is a different case. >> even if she cannot win the argument on the protected class argument she's making, do you think that they